Overview.
A product liability action
is usually brought about due to injury from the use
of a product. This type of action can be brought
against anyone who is engaged in placing the product
in commerce as a regular business. This includes the
manufacturer, wholesaler, retailer and others. The
most common categories of defect claims that arise
are:
- Manufacturer Defect- This type of defect happens in manufacturing process. Generally there is some error or defect that causes the product to be non-conforming to the manufacturer’s design or specifications.
- Design Defect- This type of defect occurs when a product’s design whether by omission or addition of a feature causes it to be dangerous.
- Warning and Instruction Defect- This type of defect usually involves a failure to warn or a labeling defect. This generally applies to dangers that are not obvious.
- Unavoidably Dangerous Products- The manufacturer is required to warn about non-obvious dangers of products that are inherently dangerous.
Types of Product liability cases include but are not limited to the following:
- Automotive
- Children’s products
- Prescription and Over the Counter Drugs
- Tools
- House hold products
Alabama has a one (1) year statute of limitations
on product liability actions. However, in situations
where the injury is not discovered before the one
(1) year statute lapses due to exposure to or
ingestion of a harmful substance over time, you have
one (1) year from the time that the injury is, or
should have been, discovered to file suit.
A products liability case can be very complicated
and lengthy process; therefore, it is imperative to
hire an experienced attorney who can work with the
person or entity against whom the claim is made to
negotiate a settlement or represent you and your
interest in the courtroom. If you have a product
liability claim, contact The Beard Law Group for
your free consultation.
